A student arrested for posting a racially charged flier in Shaw Hall told an American Civil Liberties Union official he constructed the flier as satire.
"He wrote the flier as a political parody and sees it as a political statement and, in that sense, we have looked at this issue," said Henry Silverman, president of the Lansing American Civil Liberties Union.
David Powder, a 21-year-old MSU materials science and engineering senior who lives in Shaw Hall, pled not guilty to misdemeanor harassment in front of East Lansing 54-B District Court Judge Richard Ball on Friday. He was ordered not to have any direct or indirect contact with black caucus members whose phone numbers were listed on the flier.
The derogatory flier, written partly in German, featured a picture of a naked pregnant woman and invited students to a "White Caucus" event. It was found by a mentor conducting rounds on Jan. 11.
Powder was arrested Friday in his dorm room by MSU police on a misdemeanor warrant. Silverman said the ACLU would help him find a lawyer before his pretrial hearing on Feb. 26.
Shaw Hall Complex Director Tracy Bobertz filed a police report after meeting with university and Shaw Hall officials.
Powder has a strong case for dismissal on free speech grounds, Silverman said, adding the incident doesn't fit racial harassment.
"It was a political parody of the flier that he saw that was put out by the student black caucus," Silverman said. "This is one of those cases that falls between a political statement and what some people think is harassment."
Powder, reached a few hours after he returned from sleeping in an East Lansing Police Department jail cell, said he isn't a racist.
"Most of my friends are people of color or people of ethnic minority," he said. "Being arrested really isn't a bad thing, it's just part of the process. Just because you're charged doesn't mean you're guilty."
East Lansing police released Powder on the condition he would appear at the pretrial.
"People are going to assume I'm guilty and people are going to say I'm a racist," he said. "I want people to understand just because I'm being charged doesn't mean I'm guilty and also not a racist."
Shaw Hall Black Caucus President Jonathan Parker said the flier, if meant as satire, missed its mark.
"I don't think it was funny and he didn't prove his point but just created chaos in the building," he said. "If anybody's trying to make a statement about black caucus I would advise them to first come to a meeting."
MSU police Sgt. Florene McGlothian-Taylor said Powder, who's white, became the center of investigation after students gave information to officers.
Powder wouldn't comment on the investigation.
"The people who called felt they had information that was relevant to our investigation and they shared what information they knew," she said.
If found guilty, Powder will face a maximum of 90 days in jail or have to pay a $100 fine.
